Women's health advocates have struck back at
anti-abortion lobbyists' claims New Zealand has "abortion on
demand".
In a judicial review of the workings of the Abortion
Supervisory Committee released today, Justice Forrest Miller
said there was reason to doubt the legality of many
abortions.
The review was initiated by Right to Life New Zealand, which
argued New Zealand had an "abortion on demand" system, which
was unlawful.
Under New Zealand law, abortions can only be granted if a
certifying consultant confirms the continuance of the
pregnancy would result in serious danger to the mother's life
or health.
At a hearing in April, Right to Life's lawyer said the
committee was not supervising the work of certifying
consultants as it should, which had led to abortion on
request.
However, the committee's lawyer said legally it was not
allowed to interfere with consultants' medical decisions.
Statistics New Zealand figures showed 17,930 abortions were
induced in 2006. The average age of a woman having an
abortion was 25.
Women's Health Action Trust director Jo Fitzpatrick said the
idea New Zealand had abortion on demand was "ridiculous".
Women had to see two certifying consultants before receiving
authorisation for an abortion.
"In order to get to that point they have to see another
medical practitioner for a referral and deal with any moral
judgments they may have.
"By law, they also must be offered counselling.
"Depending on where they live, women may then find that they
have to travel long distances and organise to stay away from
home because while DHBs are all obliged to provide access to
services, many of these contract out the actual service," Ms
Fitzpatrick said.
"This is a decision which is never taken lightly and is every
woman's right to exercise."
Ms Fitzpatrick said the trust would welcome a revision of the
existing law.
"We would see this as moving to decriminalise abortion and
improving access to services so that this difficult decision
is easier and not harder for women.
"This is clearly not the intent of the Right to Life
organisation."
Family Planning chief executive Jackie Edmond said it was
hard to see what the impact of today's High Court ruling
would be at this stage, but the organisation was concerned
about any decision that might slow the process for women.
"The reality for us is that the two certifying consultants
are two more barriers for women and if there are extra
restraints put on some of the ground that could make it even
more time consuming and difficult for women.
"We're disappointed with this judgment because the Right to
Life organisation is really trying to restrict access to
abortion. This is their motivation and that is not something
we support."
Right to Life spokesman Ken Orr welcomed the ruling, saying
it marked the most important development in abortion
legislation in New Zealand in 30 years.
Mr Orr said Justice Miller had acknowledged the country had
abortion on request.
"Right to Life is confident that the committee will fulfil
its statutory duty by holding consultants accountable for the
lawfulness of the abortions that they authorise, stopping
abortion on demand and questioning consultants on the use of
mental health grounds for the authorising of 98 percent of
abortions," he said.
Mr Orr said the first duty of the state was to protect the
human rights of all citizens "from conception to natural
death".
He said there was an "urgent need" for the Government to
amend legislation to recognise "the status of unborn children
as human beings endowed by their creator at conception with
human rights, the foundation right being a right to life."
